Kevin Costner's ex-wife says he is trying to make their kids HOMELESS
EXCLUSIVE: Now Kevin Costner’s ex-wife Christine says he is trying to make their children HOMELESS by ‘kicking them out of their house’ – as the actor insists it is ‘not healthy’ for the pair to ‘be sharing a space’ in $145M home
- Kevin, 68, and his former spouse Christine Baumgartner, 49, are embroiled in a nasty legal battle over the actor’s $145 million California home
- In court documents filed earlier this month, Kevin accused his estranged wife of leaving him ‘homeless’ by refusing to leave their former marital home
- Now, Christine has hit back in a legal filing – seen by DailyMail.com – accusing the star of ‘seeking to kick her and their three children out of the house’
Kevin Costner’s estranged wife Christine has accused the actor of trying to make their children ‘homeless’ by ‘kicking them out of their house’ after he filed court documents seeking to force her out of their $145 million former marital home.
In the latest bitter twist in the former couple’s divorce battle, former designer Christine, 49, has hit out at the 68-year-old Yellowstone star in a new legal filing in which her attorneys claim Kevin is ‘seeking to kick Christine and their three children out of the house that the children have lived in for their entire lives.’
The documents, which were filed on June 14, also claim that the ‘legal basis for Kevin’s request’ to have his former spouse vacate the property in Carpinteria ‘is non-existent’.
Kevin and Christine share children Cayden, 15, Hayes, 14, and Grace, 12, and both have asked for joint physical and legal custody in the divorce, which follows a split in May this year.
The actor’s lawyers say that under the terms of a pre-nup signed by both he and Christine, Costner’s houses were to explicitly remain his, and his former wife would be given a fund of $1 million, plus mortgage payments for a year, to move out.
Kevin Costner’s estranged wife Christine has accused the actor of trying to make their three children ‘homeless’ by ‘kicking them out of their house’, court documents reveal
In the latest bitter twist in the former couple’s divorce battle, former designer Christine, 49, who split from Kevin in May, has hit out at the 68-year-old Yellowstone star in a new legal filing
However, her legal team counters that she’s no intention of going, with her lawyer John R Rydell II writing in the latest filing: ‘The legal basis for Kevin’s request to kick his wife and children out of their home is all but non-existent, (but) this is still a matter of critical importance to Christine. ‘
The home in question, a $145 million mansion in Carpinteria, is owned solely by Costner and was purchased before the marriage.
However, Kevin has been quick to fire back at his former spouse, insisting in his own legal response, again seen by DailyMail.com: ‘I would… like to make it clear that I am not “kicking” our children out of their home.
‘Christine and will be sharing equal physical custody of our children and they will be in their home, in their bedrooms, with their clothing, books, and belongings during the time that they are in my custody and any additional time that they would like to be there.
‘Our children are teenagers and may come and go between my home and Christine’s home, once she finds new residence.
‘Therefore, our children have nothing to do with my request. am only requesting that Christine vacate my separate property home and find alternate living arrangements, which she agreed to do and should have begun doing so in April when she decided to file for divorce.’
Kevin also sets a deadline for when he says his estranged wife must vacate the property, noting that he will finish filming on his three-part Western movie series Horizon in Utah on June 24 and must then return to his home in California, where he will edit the movie per his contract.
In a declaration he says: ‘I do not believe that it is healthy for Christine and I to be in limbo or to be sharing space upon my return.
‘Christine has the financial ability to find alternate housing on temporary or permanent basis and have consistently offered to assist her with zero response from her or her representatives.’
He goes on: ‘I will finish shooting the film in Utah on June 24, 2023 and will be home either on June 25 or June 26 to begin the editing process.
The latest legal filings come after Kevin sought to force Christine to move out of his $145 million California home (pictured) – of which he is the sole owner
Christine’s attorneys claim in a June 14 court document that the Yellowstone star is trying to ‘kick his wife and children out of their home’
Kevin hit back at this allegation in his response, insisting that his home will still be open to his children, of whom he and Christine ‘will share equal custody’ and that the kids ‘have nothing to do with his request’
The actor adds that he ‘does not believe it is healthy’ for he and his estranged spouse ‘to be in limbo or to be sharing a space’ when he returns from filming in Utah later this month
‘As specified in my Declaration in support of my RFO, there is second structure at the Beach Club Road properties which is to be used for editing. The editing team and my office will get set up starting June 26 and need to be there to begin our editing work.
‘I am really hoping to have some determination on July 5th regarding Christine vacating my separate property home. As have stated in previous pleadings, this was very important deal point in our Prenuptial Agreement. Christine knows this.
‘I have been very patient and have given Christine ample time, since the filing of her Petition in this matter on May 1, 2023, to honor our agreement and move out of my separate property residence.
‘I simply cannot delay this issue any longer, especially because need to come back to the Beach Club Road properties to start the editing of my film as we work to adhere to contractual deadlines.’
READ MORE: ‘She’s no gold digger – this isn’t about money.’ Kevin Costner’s estranged wife Christine wants keep things normal for the kids, say friends
He opposes her request to put off a court hearing for a week – her lawyers explain that they are on holiday and have family commitments and are not available. Coster, though, is on a holiday in Canada with ‘our boys’ from July 9 to 13 and declines to put the hearing off until then.
DailyMail.com revealed on Thursday that the couple were locked in battle over the issue of the former marital home.
Costner said that he found it ‘surprising and disheartening’ that Christine, 48, was refusing to relocate. He said: ‘I was married once before and, upon separation, found myself without home base and unable to live in my own home. I never wanted this to happen again. ‘
Costner is worth $250 million and under the terms of the prenup, signed in 2004, she was to leave his properties if they split and relocate. His lawyers said: ‘ What is happening now is exactly what he and Christine contracted to avoid
in the event their marriage failed. Christine has accepted the benefits of the PMA (pre marital agreement ) over the years, but now refuses to accept this one burden’.
He says that he funded Christine’s two ‘failed’ businesses both before and during the marriage and says that she was happy to benefit from the premarital agreement for years, but is now seeking to ditch it.
His side claim that following their separation she ‘charged $95,000’ to his credit card ‘without prior notice to me.’ That money was spent on lawyers and on a forensic accountant.
Meanwhile she wants the world to see the financial details of the pre-nuptial agreement which they signed – a prospect which alarms Costner, 68.
He says that would put him under risk of ‘irreparable harm’ from fraudsters or burglars, and be likely to attract unwanted and embarrassing global media attention.
Christine, 49, filed for divorce on the grounds of irreconcilable differences on May 1st. She gave the date of separation as April 11th. In his response Costner, 68, marks the date of separation as ‘TBD’ or ‘to be determined.’
Kevin and Christine share children Cayden, 15, Hayes, 14, and Grace, 12, and both have asked for joint physical and legal custody in the divorce, which follows a split in May this year
The ‘disso queen’ Laura Wasser is acting for Costner. In the initial response to the divorce filing she asked for the payment of spousal support ‘pursuant to the terms of the parties premarital agreement.’
She said: ‘Christine has taken the position that she will not move out of Kevin’s separate property residence unless and until Kevin agrees to various financial demands. Christine’s agreement to move out was and is unconditional. Indeed, independent of the PMA she has no right to occupy Kevin’s separate property residence.
‘Nevertheless, Kevin has offered to assist her financially in moving out, he has already made a contribution to her attorney’s and accountant’s fees, he has already paid her the $1,000,000 due her under the terms of the PMA upon the filing of the Petition as part of the bargained for waiver of spousal support (in addition to a total of $200,000 he paid to her in the early years of the marriage pursuant to the PMA), he has already made a comprehensive temporary child support and fee proposal, he has agreed to and has maintained the financial status quo since the Petition was filed, continuing to pay all of the parties’ children’s expenses, and he is negotiating a summer visitation schedule for the parties’ three teenage children.
READ MORE: Is Kevin Costner going to DITCH final season of Yellowstone? Actor’s divorce docs hint he won’t film second half of the last season
‘Kevin has acted in good faith and had done everything in his power to make the transition as seamless as possible. But Christine continues to refuse to vacate his separate property residence, as she agreed she would do in 2004 as a condition of marriage.’
In his declaration filed as part of the injunction Coster himself explains: ‘Because of the nature of my work, am frequently out of town; it is therefore particularly important to me that when am home, have home to go to
‘Thus, when Christine and began discussing marriage in 2003, made it clear to her that would not marry again without clarity that my separate property residences would remain mine to live in no matter what happened in our marriage.
‘Christine acknowledged to me at the time that she understood the importance of this to me and she agreed to this provision.’
He adds: ‘Our PMA provides, among other terms, that all of the assets we each owned prior to our marriage would remain our respective separate property. One such separate property asset of mine is my Separate Property Residence that Christine and have used as our family home with our three children.
‘I purchased this property in 1988, long before my marriage to Christine. Adjacent to the Residence is separate residence that use exclusively for business purposes (film editing) and which will be working at this year in connection with new film project recently completed filming that am producing.
‘I also owned that separate adjacent residence at the time Christine and married. Our PMA clearly provides in Paragraph 9.A. that (a) shall have immediate and exclusive use of all of my separate real property and (b) that within 30 days of filing of Petition for dissolution of our marriage, Christine shall vacate any family residential property owned solely by me. This 30-day deadline expired on May 31, 2023.’
He goes on to say that he has discussed the agreement with his estranged wife and reminded her that she has to leave – both personally and via his lawyer Laura Wasser.
His statement sets out some of the details of their prenup, which saw Christine get $100,000 on their wedding day and a further $100,000 on their first wedding anniversary.
She was also given $1 million after filing for divorce, as stipulated in the pre-nup, in order to help her to find a home.
Costner (seen in Yellowstone) has been busy working on a three-part Western movie series called Horizon, which he is due to complete filming on later this month
Under the terms of the pre-nup Costner has also agreed to hand over a further $200,000 as a ‘cash deposit’ for a new home, and he agrees to pay her mortgage and insurance costs for her first year in a new place.
His statement continues: ‘Since April 2023, Christine has withdrawn from my bank account and charged on my credit card total of $95,000, payable to her divorce attorneys and forensic accountant. This was done without any prior notice to me.
‘I have continued to maintain the status quo and have continued to pay all of our children’s expenses. have also made multiple offers of settlement which, unfortunately, have not been accepted.
‘To date, notwithstanding several requests for transparency, Christine has not informed me whether she intends to honor or challenge the PMA. understand that on June her attorneys informed my lawyer that Christine is challenging ‘at least’ the spousal support waiver in the PMA.
‘This is surprising and disheartening to me because we both entered into the PMA voluntarily and with independent counsel advising each of us. I would like for the Court to resolve the issue of the enforceability of the PMA as soon as practical so that may move on with my life and to cause as little disruption as possible in our children’s lives. ‘
He adds that he is willing to contribute $30,000 a month for a rental house and $10,000 for moving costs ‘in order to move this matter forward.’
He adds that she can use the staff at the former marital home to help her with the move.
He is also willing to pay ‘directly 100% of certain child related costs, including private school tuition, books, fees and uniforms and school trips, children’s sports, camps and other agreed upon extracurricular activities, health insurance for the minor children, and unreimbursed medical expenses and therapy costs of the minor children.
‘In addition, am agreeable to paying an additional $38,000 per month to Christine as and for additional child support for all three children, which amount shall reduce per Code as each child ages out.’
Costner anticipates that the children will split their time 50/50 between himself and Christine. ‘I believe Christine and are in agreement that our three teenagers’ time will be shared equally between my residence and Christine’s. I do not anticipate any material disputes between Christine and me regarding custody of our children.
‘We have both requested joint legal and joint physical custody. Because the children will be spending at least half of their time at my home, they will not be disrupted by Christine’s imminent move. Christine and have been working on summer schedule to ensure that the children have smooth transition between our two homes.’
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